Marac Financial Services Ltd v Stewart - [1993] 1 NZLR 86

Practice and procedure — Summary judgment — Revolving credit account — Evidence of terms and conditions applicable when point not raised in notice of opposition or affidavit — Admissibility of computer-generated documents to establish amount outstanding — Admissibility of affidavit containing hearsay evidence — High Court Rules, R 252.

Evidence — Documentary — Admissibility of computer-generated documents — Admissibility of hearsay evidence relating thereto — High Court Rules, R 252.

Contract — Breach — Whether claim for stipulated interest enforceable — Whether stipulated interest was penal or a genuine pre-estimate of loss — Principles for determining whether stipulated interest was penal.